ZESN Report on the 31 July 2013 Harmonised Elections
values and practices.”4 It was important that the legislative framework around elections be revisited and
strengthened in order to ensure that chaotic elections, as seen in 2008, would not be repeated.
Consequently, several amendments to the electoral laws and other related laws have been introduced
since then in fulfilment of the GPA commitments. In September 2012, the three parties to the GNU
agreed to some electoral amendments. This saw the passing of the Electoral Amendment Act 3 of 2012
that introduced a few positive amendments that enhanced the provisions of the Electoral Act. However,
this was not comprehensive and many gaps remained in the electoral architecture that required
strengthening. In May 2013, the new Constitution was promulgated. The new Constitution brought with
it new provisions that required subsidiary laws, in particular the electoral laws, to be amended to
conform to the new Constitution. Thus, further amendments were introduced to the Electoral Act,
through the Presidential Powers (Temporary Measures) Regulations in Statutory Instrument (SI) 85 of
2013. The harmonized elections of July 2013 were therefore held in accordance with the new
Constitution and the amended Electoral Act and other related electoral regulations.
Constitutional Guarantees
Zimbabwe enacted a new Constitution on 22 May 2013. This replaced the Lancaster House Constitution
of 1980 as the supreme law of the land. This Constitution introduces a number of new provisions that
enhance and seek to promote the principles of democracy and good governance in line with
international and regional norms and standards, such as the SADC Principles and Guidelines Governing
Democratic Elections.
The new Constitution introduces new provisions and retains some provisions from the Lancaster House
Constitution that promote the political rights of citizens. Of note is the recognition of the right to
freedom of assembly and association (Section 58), the right to freedom of conscience (Section 60) and
the right to freedom of expression and freedom of the media (Section 61).5 The new Constitution also
specifically provides for the enjoyment of political rights by citizens.6 It is recognized that in a democracy
citizens are entitled to free, fair and regular elections for any elective office established in terms of the
Constitution. The new Constitution affords every Zimbabwean the right to make political choices freely7,
4
See Article 17.1 of the Global Political Agreement.
Section 58) the right to freedom of conscience (section 61) and the right to freedom of expression and freedom of the
media (section 61).
6
See Section 67 of the new Constitution, generally.
7
Section 67(1)(b) of the new Constitution.
5
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